The U.S. Supreme Court last week gave new life to involving a man who died in St. Louis police custody. Nicholas Gilbert, a 27-year-old homeless man, was arrested by police in 2015 for misdemeanors including trespassing and occupying a building. He died after a physical confrontation with the officers in his holding cell.
His parents sued the city two years later, stating that police used excessive force toward their son. The suit cited the officers鈥� use of prone restraint: Gilbert was handcuffed with his legs shackled together when officers moved him to a prone position, face down on the floor. They put pressure on Gilbert鈥檚 back and torso even as he called out: 鈥淚t hurts. Stop.鈥� After 15 minutes in that position, he stopped breathing.
The U.S. District Court dismissed the lawsuit, and the appellate court affirmed its decision, saying the officers did not apply 鈥渦nconstitutionally excessive鈥� force against Gilbert. Now the Supreme Court wants the 8th Circuit to .
Kevin Carnie Jr. of the Simon Law Firm is the lead lawyer representing the Gilbert family in St. Louis. He joined Thursday's St. Louis on the Air to explain the impact of the court鈥檚 ruling.
鈥淭he Supreme Court is saying: 鈥楬ey, look at the circumstances. It can't be that it's always constitutional, that it's always reasonable to put asphyxiating pressure on somebody just because they're struggling,'鈥� Carnie Jr. said.
鈥淭his is a case about what's reasonable and what's unreasonable,鈥� he continued, and reiterated that if police felt the need to further restrain Gilbert, despite already being handcuffed and shackled, 鈥渢hen hold [him] on a side, follow the well-known guidance that's out there about how to safely restrain someone.
鈥淚 think police officers have a very difficult job, and I think the lines are hard to see. [But] I think it would be great if the courts could draw some clearer lines 鈥� I think everybody would approve of that.鈥�
鈥�鈥� brings you the stories of St. Louis and the people who live, work and create in our region. The show is hosted by and produced by , , and . Paola Rodriguez is our production assistant. The audio engineer is .
